What must a Petro Stopping Center franchisee do to maintain their protected area rights?
Petro_Stopping_Center Franchise · 2025 FDDAnswer from 2025 FDD Document
- 3.3 Protected Area.
So long as you are in compliance with this Agreement and subject to the rights we reserve in Section 3.4 below, from and after the Agreement Date, we will not grant to others the right to operate a Petro Center from any location, fixed or permanent, at the Site or within the Protected Area (if any).
If no Protected Area is designated in Exhibit "C", then you have no territorial protection rights for your Franchise.
- 3.4 Rights We Reserve.
We and our Affiliates retain the right in our sole judgment to grant ourselves or grant others the right to do anything that is not expressly granted to you exclusively in this Agreement, including without limitation:
(a) to grant licenses or franchises to others to own, establish, or operate Petro Centers, or to own, establish and operate Petro Centers anywhere, except your Protected Area (if any);
(b) to establish, own or operate, or to grant licenses or franchises to others to establish, own, or operate, any business, truck stop, or travel center (including but not limited to a TA Center or a TA Express Center) other than a Petro Center, within or outside the Protected Area (if any), and in connection therewith to use without limitation, the same, similar, combined or co-branded fleet, sales, billing, warranty, road side assistance, loyalty, or marketing programs as we make available to you.
(c) to sell, and provide the Products and Services authorized for sale by Petro Centers under the Marks or other trade names, trademarks, service marks and commercial symbols at all locations (including but not limited to the provision of truck repair services at a customer's site or by the roadside within or outside your Protected Area (if any)), or through similar or dissimilar channels which are not accessible by a Petro Center (like telephone, mail order, kiosk, co-branded sites, or through alternative channels of distribution, Intranet, Internet, web sites, wireless, email or other forms of e-commerce) for distribution within or outside of your Protected Area (if any) and pursuant to such terms and conditions as we consider appropriate;
(d) to provide or to grant licenses or franchises to others to provide Services in connection with the TA Truck Service Emergency Roadside Assistance and TA Truck Service Mobile Maintenance Program within or outside of your Protected Area (if any) and pursuant to such terms and conditions as we consider appropriate;
(e) to franchise, license or allow any Person who purchases or assumes the operation of more than one Petro Center to rebrand such Person's other existing facilities as a Petro Center with the Marks, a "Petro" brand or any other Mark, even if such facilities are located within the Protected Area (if any);
Source: Item 14 — Other investments (FDD pages 131–208)
What This Means (2025 FDD)
According to Petro Stopping Center's 2025 Franchise Disclosure Document, a franchisee must remain in compliance with the franchise agreement to maintain their protected area rights. Specifically, as long as the franchisee adheres to the terms and conditions outlined in the agreement, Petro Stopping Center will not grant another party the right to operate a Petro Stopping Center within the franchisee's designated protected area. If no protected area is designated in Exhibit "C" of the Franchise Agreement, then the franchisee will not have any territorial protection rights.
However, Petro Stopping Center retains specific rights, even within a franchisee's protected area. These include the right to establish, own, or franchise other businesses such as TA Centers or TA Express Centers, and to offer similar programs. They can also sell products and services through alternative channels like the internet or co-branded sites, and provide roadside assistance services within the protected area. Additionally, Petro Stopping Center can allow a person who purchases or assumes the operation of more than one Petro Center to rebrand their other existing facilities as a Petro Center, even if such facilities are located within the Protected Area.
This means that while a Petro Stopping Center franchisee may have a protected area, it is not an exclusive territory in the traditional sense. Petro Stopping Center retains considerable freedom to operate and license other businesses and services, even within that area. A prospective franchisee should carefully consider these reserved rights and how they might impact their business before investing in a Petro Stopping Center franchise.